Ashburton TC 14 November 2024 – R11 – Kirstin Green

BACKGROUND:

Following the running of Race 11, Keith & Betty Hood Memorial Fillies & Mares Mobile Pace, Open Driver, Kirstin Green, admitted a breach of the Whip Rules in that, as the Driver of BETTING SENSATION in the race, she “used her whip with more than a wrist flicking motion in the run home”.

Rule 869 provides:

(2)  No driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

The Whip and Rein Regulations provide:

3.1     A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

 3.2     For the purposes of clause 3.1, “wrist only flicking motion” means:

 3.2.1    Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.

EVIDENCE:

Mr Renault showed a video replay of the final 200-300 metres of the race. He pointed out BETTING SENSATION, driven by Ms Green, racing in the one-out, one-back position as the field turned into the final straight. Shortly thereafter, Ms Green commenced using her whip and continued to use it in more than a wrist only flicking motion, before reverting to a compliant style over the final stages.

Ms Green did not wish to comment.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that Ms Green has had 208 drives this season. She has a previous similar breach on her record – at Addington on 27 September 2024, fined $400 for a low-mid breach.

He referred to the Penalty Guide starting point for a low-level, second breach of a 3-days suspension. Stewards were submitting that to be an appropriate penalty for this breach, Mr Renault said.

Ms Green said that she had notified drives at the meeting of Winton TC on 17 November and sought a deferment.

REASONS FOR PENALTY:

There are no relevant aggravating or mitigating factors to warrant a departure from the Penalty Guide starting point for a low-level, second breach of a 3-days suspension. The breach is low-level – “using the old whipping style before promptly returning to the  compliant style”.

CONCLUSION:

Open Driver, Kirstin Green, is suspended from after the close of racing on 17 November 2024, up to and including 27 November 2024 – 3 days. The meetings intended to be encompassed by the period of suspension are Invercargill HRC on 22 November, Timaru HRC on 23 November and Invercargill HRC on 27 November 2024.